Judgment

GAJENDRAGADKAR, J.: The appellant Dr. Gopal Das Varma owns a double-storeyed house known as 28, Barakhamba Road, New Delhi. The ground floor of this house consists of a block of offices and the first floor consists of four flats; three of these are in the occupation of the appellant while the fourth has been let out to respondent 1, Dr. Bhardwaj. Dr. Bharadwaj is an ear, nose, throat specialist, and in one of the four rooms of the flat he and his wife, respondent 2, reside, while the three other rooms are used by him for the purpose of his profession. Respondent 1 appears to have taken the premises on lease as early as 1934 although he executed an agreement of tenancy in favour of the appellant on November 8, 1935. This agreement shows that the appellant agreed to let out his flat to respondent 1 on a rent of Rs. 90/-per month payable in advance. The tenancy was to commence from October 1,1935, end was intended to continue up to September 30, 1936. Parties agreed that the said tenancy could be renewed on terms to be settled later. In fact the tenancy has been renewed from year to year and the flat is still in possession of respondent 1.

2. In October 1953 the appellant sued